City Council Regular Meeting

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Monday, October 3, 2022 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, TX 75069 WATCH THE BROADCAST LIVE Members of the public who wish to watch this meeting may watch the live broadcast on: Spectrum Channel 16; AT&T U-Verse Channel 99; and online at http://mckinney.legistar.com CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Dr. Bill Rosnet, Northwest Christian Church INFORMATION SHARING 22-0909 Proclamation for Fire Prevention Month Attachments: Proclamation Program 22-0910 Proclamation for 19th Annual Arbor Day Attachments: Proclamation Program PUBLIC COMMENTS ON AGENDA ITEMS (for Non-Public Hearing items) Pursuant to Section 551.007 of the Texas Government Code, speakers wishing to address the City Council regarding any non-public hearing item on this agenda shall have a time limit of three (3) minutes per speaker, per agenda item. The Mayor may reduce the speaker time limit uniformly to accommodate the number of speakers or improve meeting efficiency. CONSENT AGENDA CITY OF McKINNEY, TEXAS Page 1 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 These items consist of non-controversial or housekeeping items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. MINUTES 22-0911 Minutes of the City Council Work Session of September 20, 2022 Attachments: Minutes 22-0912 Minutes of the City Council Regular Meeting of September 20, 2022 Attachments: Minutes 22-0913 Minutes of the City Council Special Meeting of September 27, 2022 Attachments: Minutes 22-0849 Minutes of the McKinney Community Development Corporation TUPPS Subcommittee Meeting of August 24, 2022 Attachments: Minutes 22-0848 Minutes of the McKinney Community Development Corporation Meeting of August 25, 2022 Attachments: Minutes 22-0850 Minutes of the McKinney Community Development Corporation TUPPS Subcommittee Meeting of September 13, 2022 Attachments: Minutes 22-0855 Minutes of the McKinney Economic Development Corporation Meeting of July 26, 2022 Attachments: Minutes 22-0856 Minutes of the McKinney Economic Development CITY OF McKINNEY, TEXAS Page 2 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 Corporation Meeting of August 16, 2022 Attachments: Minutes 22-0894 Minutes of the Planning and Zoning Commission Regular Meeting of September 13, 2022 Attachments: Minutes ORDINANCES 22-0914 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2022-2023 Annual Budget and Amending the 2023-2027 Capital Improvements Program, to Provide Funds for the Robinson Ridge Neighborhood Park Project (PK1830) Attachments: Ordinance 22-0915 Consider/Discuss/Act on an Amendment to Ordinance Number 2022-03-033 Ordering a Local Option Election for November 8, 2022, for the Purpose of Submitting to the Qualified Voters of the City of McKinney, Texas, One Local Option Election Proposition to Consider Legalizing the Sale of All Alcoholic Beverages for Off-Premise Consumption Only; Designating Polling Places; Appointing the Early Voting Polling Place; Designating the Early Voting Clerk; and Providing for Notice and Publication of the Election Attachments: Election Ordinance Ordenza de Elecciones Petition Certification 22-0916 Consider/Discuss/Act on an Ordinance Amending the City Code of Ordinances, Chapter 14 “Alcoholic Beverages,” Article III, “Lawful Sale of Alcoholic Beverages,” Section 14-52, “Permit; permit fee,” to Allow for the Collection of Permit Fees Every other Year; and Providing for an Effective Date Attachments: Ordinance Ordinance - Redline CITY OF McKINNEY, TEXAS Page 3 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 RESOLUTIONS 22-0917 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with DFW International Airport - Department of Public Safety for Aircraft Rescue Fire Fighter Training Attachments: Resolution Agreement 22-0918 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with Hellas Construction, Inc of Austin, Texas, for the Construction of the Craig Ranch Soccer Complex (PK1906) Attachments: Resolution Award Letter 22-0919 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with Gilbert May, Inc. dba Phillips/May Corporation of Dallas, Texas, for the Construction of a 15-Acre Neighborhood Park Located within the Robinson Ridge Subdivision (PK1830) Attachments: Resolution Award Letter END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 22-0007M Conduct a Public Hearing to Consider/Discuss/Act on an Ordinance Prescribing the Type of Notice to be Given of the Time and Place of a Public Hearing to be Held Jointly by the City Council and the Planning and Zoning Commission to Consider, Discuss, and Act on Amending and Relocating Chapter 146 (Zoning Ordinance), Chapter 142 (Subdivision CITY OF McKINNEY, TEXAS Page 4 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 Ordinance), Chapter 58 (Lighting Ordinance), Chapter 122, Article IV (Fence Ordinance), Chapter 134 (Sign Ordinance), and Chapter 130, Article IV (Stormwater Management Ordinance) into a Unified Development Code, and Accompanying Ordinance Attachments: Ordinance Public Outreach Poster Presentation 22-0009SUP2 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Pump Station (North Texas Municipal Water District), Located at 3701 Redbud Boulevard, and Accompanying Ordinance Attachments: PZ Minutes 9.13.2022 Location Map and Aerial Exhibit Letter of Intent Proposed Ordinance Proposed Exhibits A-C Presentation 22-0016SUP2 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for Personal Service (Carrie Radish Wax Company), Located at 8751 Collin McKinney Parkway, Suite 1803, and Accompanying Ordinance Attachments: PZ Minutes 9.13.2022 Location Map and Aerial Exhibit Letter of Intent Proposed Ordinance Proposed Exhibits A-C Presentation 22-0013SUP3 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Restaurant with Drive-Through (Seven Brew Coffee), Located on the Northwest Corner of U.S. Highway 380 (University Drive) and Sharon Lane, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 5 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 Attachments: Draft PZ Minutes 9.27.2022 Location Map and Aerial Exhibit Letter of Intent Citizen Comment Proposed Ordinance Proposed Exhibits A-C Presentation 22-0062Z3 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from "C" - Planned Center District and "CC" - Corridor Commercial Overlay District to "LI" - Light Industrial District and "CC" - Corridor Commercial Overlay District, Located Approximately 370 Feet North of Wilmeth Road and on the East Side of U.S. Highway 75, and Accompanying Ordinance (REQUEST TO BE TABLED) Attachments: Location Map and Aerial Exhibit 22-0079Z2 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “RS-60” - Single Family Residence District and “TMN” - Traditional McKinney Neighborhood Overlay District to “DR” - Duplex Residential District and “TMN” - Traditional McKinney Neighborhood Overlay District, Located Approximately 250 Feet North of Jefferson Street and on the East Side of Rockwall Street, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 6 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 Attachments: PZ Minutes 08.23.2022 Location Map and Aerial Exhibit Letter of Intent Citizen Comments Comprehensive Plan Maps Mill District Placetype Definitions Fiscal Analysis Land Use Comparison Table Proposed Ordinance Exhibits A-C Written Protest Form Written Protest Map Presentation Applicant Presentation 22-0083Z2 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from "PD" - Planned Development District to "PD" - Planned Development District, Generally to Modify the Development Standards and to Allow Commercial Uses and a Pet Store, Kennel, Animal Boarding (Outdoor Runs) Use, Located at 9446 Virginia Parkway, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 7 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 Attachments: PZ Minutes 9.13.2022 Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps Established Community District Placetype Definitions Fiscal Analysis Land Use Comparison Table Ex. PD Ord. No. 2008-11-106 Concept Plan (Informational Only) Proposed Ordinance Proposed Exhibits A-D Presentation 22-0084Z2 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Modify the Development Standards and to Allow Single Family Attached Residential Uses, Located on the North Side of Wilson Creek Parkway and Approximately 150 feet West of Big Bend Drive, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 8 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 Attachments: PZ Minutes 09.13.2022 Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps Town Center District Placetype Definitions Fiscal Analysis Land Use Comparison Table Ex. PD Ord. No 96-11-53 Ex. PD Ord. No 1870 Ex. PD Ord. No 1605 Ex. PD Ord. No 1452 Proposed Ordinance Exhibits A-D Presentation 22-0089Z2 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “AG” - Agricultural District to "LI" - Light Industrial District, Located Approximately 2,950 Feet East of FM 1827 and on the South Side of U.S. Highway 380 (University Drive), and Accompanying Ordinance Attachments: PZ Minutes 9.13.2022 Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps East Fork District Placetype Definitions Fiscal Analysis Land Use Comparison Table Proposed Ordinance Exhibits A-C Presentation 22-0920 Consider/Discuss/Act on Appointing a Member to the Visit McKinney Board CITY OF McKINNEY, TEXAS Page 9 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 Attachments: City Code, Ch. 106 About Visit McKinney CITIZEN COMMENTS ON MATTERS NOT ON THE AGENDA COUNCIL AND MANAGER COMMENTS Council and Manager Comments relating to items of public interest: Announcements regarding local or regional civic and charitable events, staff recognition, commendation of citizens, traffic issues, upcoming meetings, informational update on City projects, awards, acknowledgement of meeting attendees, birthdays, requests of the City Manager for items to be placed on upcoming agendas, and condolences. EXECUTIVE SESSION In Accordance with the Texas Government Code: A. Section 551.071(2) Consultations with Attorney on any Work Session, Special Session, or Regular Session agenda item requiring confidential attorney/client advice necessitated by the deliberation or discussion of said items (as needed) B. Section 551.071 (A) Pending or contemplated litigation - TXI Operations, LP, Plaintiff vs. City of McKinney, Texas, Defendant, Civil Action No. 4:20-CV-00353, United States District Court for the Eastern District of Texas C. Section 551.072. Deliberations about Real Property - Municipal Facilities D. Section 551.074. Personnel Matters E. Section 551.087. Deliberation Regarding Economic Development Matters - Project Gemstone ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, at or before 6:00p.m., September 30th, 2022 ________________________________ Empress Drane, City Secretary Joshua Stevenson, Deputy City Secretary CITY OF McKINNEY, TEXAS Page 10 Printed on 9/30/2022 City Council Regular Meeting Agenda October 3, 2022 In accordance with the Americans with Disabilities Act, it is the policy of the City of McKinney to offer its public programs, services, and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at least 48 hours in advance of the event. Email contact-adacompliance@mckinneytexas.org. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. ADA grievances may also be directed to the ADA Coordinator or filed online at http://www.mckinneytexas.org/ada. CITY OF McKINNEY, TEXAS Page 11 Printed on 9/30/2022